Payment Order In Court Proceedings

An order for payment by writ of payment is the most commonly used form. On the other hand, an order for payment by writ of payment – a faster one. Which type of payment order in court proceedings to choose? Find out what each type entails and the procedure for issuing and appealing them.

What is a Payment Order?

A payment order is a court decision issued without the participation of the parties. The judgment is based on documents presented by the plaintiff. If the court deems the claim sufficiently documented, it issues a payment order requiring the defendant to:

• pay the indicated amount together with interest and costs,
• file an objection or defences, depending on the type of proceeding.

A payment order can be obtained through one of three procedures:

Payment Order In Writ Of Payment Proceedings

This is the most commonly used form of debt collection. It works especially well when:

• the debt is undisputed,
• there is no need to secure the claim quickly,
• the creditor does not have an official document.

Features of the writ of payment procedure:

• The court issues an order for payment without a hearing.
• The defendant has 14 days from the delivery of the order to file an objection.
• Once an objection is filed, the case proceeds to a standard hearing.

This mode of proceeding is cheap and simple. However, it does not provide the securing effect that an injunction proceeding offers.

Payment Order In Injunction Proceedings

Injunction proceedings are quicker and more restrictive for the defendant. However, this is only possible if the plaintiff has strong evidence, such as:

• an accepted promissory note,
• a cheque,
• an official document confirming the obligation.

Benefits for the plaintiff:

• The court fee is only 1/4 of the usual fee.
• An order for payment is a security title – it can be the basis for initiating enforcement.

The defendant has only 2 weeks to file charges. They must meet strict formal requirements.

E-order For Payment – Electronic Writ-Of-Payment Proceedings

This is a form of simplified proceedings available online, without the participation of the parties. The cases are heard by the e-court in Lublin.

Advantages:

• Low costs (1.25% of the value of the claim).
• Speed – the warrant can be issued even in a few days.
• No need to send paper documents.

Disadvantages:

• Not suitable for disputes with a large number of documents.
• If an objection is filed, the case goes to the court competent for territorial jurisdiction.

What Is the Procedure For Obtaining a Payment Order in Court Proceedings?

1. Filing the lawsuit. The plaintiff files a claim in the chosen procedure (standard, injunction, or electronic).
2. Issuance of an order. The court reviews the claim and issues a decision without a hearing.

3. Delivery to the defendant. The court delivers the payment order to the debtor.
4. Objection or defences. The defendant can respond within 14days.
5. Legal effect – if there is no response, the order gains an enforcement clause.

Legal Effects Of a Payment Order in Court Proceedings

If the defendant does not file an objection within the time limit:

• the order for payment becomes final,
• it may receive an enforcement clause,
• the creditor can initiate enforcement proceedings through a court bailiff.

How to Defend Against a Payment Order in Court Proceedings?

A defendant who disagrees with the order must:

• file an objection (writ of payment proceedings) or
• file charges (injunction proceedings).

This must be done within 14 days of the delivery of the order. Otherwise, the defendant will lose the opportunity to defend himself, and enforcement will become a real threat. 

Payment Order in Court Proceedings – Summary

A payment order is a quick and effective way to recover debts in court. Depending on the mode, it offers various benefits. From lower costs to the possibility of quick execution. The creditor should choose the appropriate procedure based on the type of case and evidence. The debtor must react in time to prevent the order from becoming final. 

Do you have a debtor and are you considering filing a lawsuit for payment? Or maybe you have just received a payment order? Consult your situation with a lawyer – a quick reaction can make a difference. 

FAQ – Payment Order in Court Proceedings